Reclaim the American Dream

Progress Report: Fight Gerrymandering, Empower The Middle

Progress Report:
Grassroots Reforms
Fight Gerrymandering 

Courts Back Citizen Action vs. Gerrymandering

For American voters sick of politicians’ clinging to power through partisan gerrymandering of election districts and eager for more competitive districts that give voters more choice, two stunning court decisions in 2015 gave the green light to grass roots reforms – and reformers are now on the move i a dozen more states.

For while partisan gerrymandering still operates in 39 states, it is on the defensive – replaced by independent commissions or politically neutral bodies in ten states; targeted by grass roots reform movements in 11 more states;  challenged by lawsuits in eight states; and completely outlawed by a voter referendum in Florida.

Justice Ruth Bader GinsburgPhoto credit: Steve Petteway, Collection of the Supreme Court of the United States (CC) Talk News Radio Service

The most telling blow against the age-old game of partisan gerrymandering came in a surprising 5-4 decision by the U.S. Supreme Court affirming that the voters of Arizona had the right and the authority to create an independent redistricting commission to map Arizona’s Congressional districts, instead of leaving that to the legislature.

The court rejected a lawsuit filed by Arizona’s Republican-dominated legislature challenging the constitutional legitimacy of the independent redistricting commission, which was established by a referendum of Arizona voters in 2000. The legislature argued that it alone was given power by the U.S. Constitution to set the rules for elections. But the high court disagreed.

Writing for the 5-4 majority on June 29, 2015, Justice Ruth Bader Ginsburg asserted that “the animating principle of our Constitution is that the people themselves are the originating source of all the powers of government.” In Arizona, the high court ruled, voters were exercising the state’s legislative power through a popular referendum authorized by the Arizona constitution.

Florida Court Throws Out Stacked Deck

Ten days later, in a parallel case, the Florida Supreme Court struck down the partisan gerrymandering of Florida’s congressional districts by the Republican-controlled legislature in 2012. In a 5-2 ruling, the court ordered that the maps and lines for eight congressional districts be redrawn within 100 days, forcing the legislature into special session.

In scathing language, the Florida high court approved a lower court’s finding that the legislature’s redistricting plan had been tainted by the “unconstitutional intent to favor the Republican Party and incumbent lawmakers.” The court found that Republican Party “operatives” and political consultants “did in fact conspire to manipulate and influence the redistricting process” in cahoots with GOP legislators.

In Florida as in Arizona, the groundwork for court decisions was laid by grass roots citizen action. In 2010, Florida voters adopted two amendments to the state constitution that barred the drawing of legislative district lines “with the intent to favor or disfavor a political party or incumbent.”

As a tenacious legal investigation and disclosure of private emails and documents later revealed, Republican legislative leaders defied the voters and engaged in a clandestine partisan gerrymander. In protest, the League of Women Voters, Common Cause and Fair Districts Florida filed suit. In July 2015, the Florida Supreme Court ruled that the legislature had carried out a “blatantly unconstitutional:” gerrymander and ordered redrawing of eight congressional districts and all 40 state senate districts.

When the legislature had trouble coming up with revised maps, lower courts stepped in to supervise the redrawing of election districts with the intent to make elections more competitive and give voters more choice. The new, court-ordered maps went into play for the first time in 2016 and produced some notable upsets in both parties, with political newcomers ousting long serving incumbents.

CC) Florida House

Florida State Rep. Richard Corcoran at Redistricting Subcommittee. (CC) Florida House

Shifting to Independent Commissions

In the Arizona decision, the U.S. Supreme Court highlighted the positive gains for voters achieved by using nonpartisan independent commissions. These commissions, the court noted, had created “more competitive” congressional districts, giving voters more choice in elections, and had eliminated the long-standing “conflicts of interest” of partisan legislators manipulating district lines to keep themselves in office.

As of now, seven states have instituted independent redistricting commissions – Alaska, Arizona, California, Idaho, Montana, Ohio and Washington. Two more states, Hawaii and New Jersey, have turned over redistricting to balanced bipartisan commissions with a court-appointed nonpartisan neutral chairman. In addition, Iowa uses a nonpartisan legislative services agency to redraw political districts every decade. And, of course, voters in Florida took the boldest action against partisan gerrymandering by simply making it unconstitutional to draw election maps that favor one party.

At the grass roots, a voter revolt has broken out. Reform coalitions that reach across the political spectrum have been pressing for reform either through ballot initiatives or legislative action in 11 states – Colorado, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, Ohio, Oregon, Pennsylvania and South Dakota. In red states as well as blue, citizen groups and legislators are using gerrymander reform, like term limits, as a means to dislodge incumbent politicians from getting a perpetual lock on power.

The Mounting Legal Challenge

For the past five years, fierce legal battles have been waged in eight states where partisan gerrymandering is most entrenched – Alabama, Florida, Illinois, Maryland, North Carolina, Pennsylvania, Texas, Virginia and Wisconsin. Federal appeals courts, backed by the U.S. Supreme Court, have ruled against what courts have determined is racial gerrymandering that dilutes the voting power of blacks and Latinos in Alabama, North Carolina, Texas and Virginia.

Typically, the targets of these lawsuits are ludicrously shaped districts where lawmakers have packed masses of opposition voters, usually minority voters, so that they can gain partisan advantage in other districts next door. In North Carolina, Republican lawmakers packed the black sections of Greensboro, and Charlotte at opposite ends of a stringy, worm-like district that snakes its way 90 miles down Interstate I-85, picking up blobs of black voting communities along the way. The Virginia GOP created a wiggly worm district down I-64 to include the black parts of Richmond, Norfolk and Virginia Beach. In Maryland, Democrats concocted a winning district that that looks like a jagged stick drawing of a long-legged bird, in flight.

These cartoon districts fly in the face of state constitutions or laws that require election districts to be compact, contiguous and respect existing county and city boundaries. Instead, mapmakers for both parties use any shape they can to string together their own voters in a winnable district. Or conversely, they pack as many opposition voters as possible into districts they figure they cannot win, and thus make their opponents waste votes in lopsided victories, while the in-party spreads its own voters around to win more districts.

The Blockbuster Case That Could Change Everything

The most frontal assault on the hoary practice of political parties manipulating election maps for their own advantqge comes from citizen lawsuits in Wisconsin, North Carolina and Maryland. Voters there charge that they are being denied equal protection under the 14th Amendment and that their First Amendment rights are being undermined by partisan legislatures stacking the deck against the underdog party and its voters.

In a blockbuster case that could alter the nation’s political landscape nationwide for years to come, the U.S. Supreme Court this fall hears a case brought by a dozen Wisconsin Democratic voters against the Republican-dominated state legislature. They argue that the GOP gerrymander was so unfair that Democrats cannot gain a majority of legislative seats even when they win the election. They cite 2012, when Democratic candidates for the state house won 52% of the popular vote but got only 39% of the seats. A three-judge appeals court  has already ruled that the Wisconsin gerrymander was unconstitutional.

Former GOP presidential nominees Bob Dole and John McCain, Ohio Gov. John Kasich + other Republican VIPs urge Supreme Court to block partisan gerrymandering.

So pivotal has this case become that prominent Republicans led by former GOP presidential nominees John McCain of Arizona and Robert Dole of Kansas have broken ranks with their party and filed a legal brief calling upon the Supreme Court to rule against extreme partisan gerrymanders. “Partisan gerrymandering has become a tool for powerful interests to distrort the democratic process,” argues the legal brief filed by McCain and other prominent Republicans including Gov. John Kasich of Ohio,  former senators John Danforth of Missouri, Richard Lugar of Indiana and Alan Simpson of Wyoming, and former California Gov. Arnold Schwarzenegger.

In Maryland, the fight against partisan gerrymandering is being waged by a handful of Republican voters against the Democrats who dominated the state government during the last gerrymander in 2011. Republican Gov. Larry Hogan, elected since then, has been on the warpath against Democratic gerrymandering in his state, declaring that the issue “is not right versus left but right versus wrong.” An appeals court has given a sympathetic hearing to the Republican lawsuit, which may follow the Wisconsin case to the U.S. Supreme Court.

Strong Medicine – The Top-Two Primary

California, Washington State and Louisiana have gone a step further for voters, by establishing non-partisan primaries, which give voters maximum choice by opening up primary elections and abolishing party control. The so-called Top-Two Primary is the most open of all – more open than so-called “open” primaries that let voters choose to vote either in the Democratic or the Republican primary, but then restricts them to only the candidates of that one party.

In the Top-Two primary, there is no limit on voters’  choices. Citizens can v0te for any candidate, hopscotching form one party to the other and splitting their ticket if they wish, because all candidates, no matter what their party affiliation, run in the same non-partisan primary. For each office, the two candidates with the most votes – the Top-Two – advance to the general election, even if they come from the same party.

The major virtue of this system, in an era when a small turnout in party primaries often determines the ultimate winner, is that independent voters and members of minority parties now get to vote in what is often the decisive election. That helps to boost voter turnout and restore the political middle, proponents argue. Moderate candidates, with poor chances in a closed party primary, do much better in the Top-Two, where candidates need to appeal across party lines to all voters and thus move toward the political center.

The record in Washington State supports that argument. Since 2008, when Washington began using the Top-Two Primary, voting by the state’s delegation to the U.S. House of Representatives has become more moderate. Voter turnout jumped from 2006 to 2010 and in subsequent elections, the Top-Two Primary enabled some moderate candidates in both major parties to win seats in Congress.

Gerrymandering – What’s Happening in Your State ?

Alabama:

  • Aug. 10, 2012 – Alabama’s Legislative Black Caucus and other black Alabama office holders file a lawsuit in federal court to try to block implementation of new legislative redistricting plans, claiming they “dilute minority voting strength, violate the principle of “one person, one vote” and illegally split Alabama counties among multiple legislative districts.”
  • Dec. 2013 – A three-judge panel rules 2 to 1 that the 2012 redistricting process was constitutional, but the ruling is appealed.
  • March 25, 2015 – In a 5-4 vote, the Supreme Court rules in favor of the Alabama Legislative Black Caucus and the Alabama Democratic Conference and refers the case back to the district court for correction. The Supreme Court majority, the four liberals joined by conservative Justice Anthony Kennedy, rules that the Alabama Legislature had relied too heavily on race in its 2012 redistricting plan and put too high a concentration of black voters in some districts. Justice Stephen G. Breyer, writing for the majority, states the lower court, in deciding on whether there was racial gerrymandering, should have looked at individual districts rather than statewide and should have used a different test in deciding whether the redistricting was done in conformity with the 1965 Voting Rights Act.
  • Aug. 25, 2015 – A three-judge federal court today asks plaintiffs who claim Alabama’s legislative districts are racially gerrymandered to develop new maps for the state’s 140 legislative districts that would strike a balance between protecting majority black districts and yet not using race as the predominant factor. Over objections from Alabama’s solicitor general, the judges indicate that some changes would be required.  “I think you need to assume there is going to be some remedy here,” said District Judge Keith Watkins.
  • Jan 20, 2017 – A federal appeals court rules that Alabama’s Republican-run legislature violated U.S. Constitution by trying to preserve Republican supermajority in legislature through illegal racial gerrymandering in at least 12 districts. The court decision is a big win for the state’s Legislative Black Caucus, which for years has been fighting against the state’s election district maps, which have intentionally limited the voting power of African Americans by packing them into a few oddly-shaped districts. The court found that the mapping of these districts, all currently represented by Democrats and 10 of them by Black Democrats, was based “predominantly” on race. It ordered Alabama to redraw its voting maps before the next election in 2018. Rep Craig Ford, leader of the statehouse Democrats,  urged Alabama to use this situation to replace its current system of partisan gerrymandering by the legislature with an independent trans-partisan commission.

 

Alaska:

  • Nov. 3, 1998 – A 52% majority of Alaska’s voters, adopting for the first time an independent redistricting commission, approve a state constitutional amendment to establish the Alaska Reapportionment Board to draw boundaries for state house and senate districts. (Alaska has only one Congressional district.) All five members of the independent commission must be chosen without regard to party affiliation and none may be public officials or employees when appointed to the commission. The Governor chooses two commissioners, the state Senate and House majority leaders each choose one, and the Chief Justice of the Alaska Supreme Court chooses one.

 

Arizona:

  • Nov. 7, 2000 –By a majority of 56.1%, Arizona voters approve an amendment to the Arizona Constitution to create a five-member independent redistricting commission (AIRC) to map congressional and legislative districts. To deter partisan influence, Arizona’s amendment bars the use of political party registration, voting history data and residences of incumbents and other candidates in creating political districts. It excludes active partisan politicians by forbidding current or recent public officials, political candidates, or party officers from serving on the commission. The crucial balance of power on the commission is given to a political independent. To insulate the commission from party politics, the new system requires the commissioners to be chosen from a panel pre-selected by State Commission on Appellate Court Appointments with 25 nominees – 10 Democrats, 10 Republicans, and 5 independents. From that panel, four commission members are appointed by the majority and minority leaders of the Arizona’s two legislative chambers, and these four commissioners select the fifth member. The amendment specifies that politically “competitive districts” are favored so long as the districts are of equal population, geographically compact, contiguous, coincide roughly with census tracts, city or county boundaries, or natural geographic features.
  • October 2001 – Arizona’s Independent Redistricting Commission, chaired by political independent Steven Lynn and with two Republican and two Democratic members, completes its first redistricting plan without controversy.
  • Spring 2011 – By adding 1,261,585 people to its population since 2000, Arizona gains a ninth congressional seat, intensifying interest in redistricting for 2011.
  • Oct. 4, 2011 – Arizona’s Independent Redistricting Commission completes its new congressional map, with four districts considered safe for Republicans, two safe for Democrats, and three highly competitive. The plan is approved by a 3-1 vote from AIRC Chair Colleen Mathis and two Democratic commissions. One Republican commissioner votes No; the other abstains.
  • Nov. 1, 2011- With Tea Party and hard-line Republicans angrily claiming that Arizona’s new redistricting plan favors Democrats, Republican Governor Jan Brewer, orders impeachment and removal of the AIRC’s independent chair Colleen Mathis. In a straight party-line vote, the Arizona state Senate votes 21-6 to approve the governor’s action, as required by law. State law allows removal of a commissioner “for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.” Mathis files a legal appeal.
  • Nov 17, 2011 – In a swift and unanimous 5-0 decision, Arizona Supreme Court rules that the governor’s firing of Mathis is illegal and orders that Mathis be reinstated as AIRC chair.
  • June 6, 2012 – Arizona Legislature files suit in federal court, challenging the legitimacy of the Arizona Independent Redistricting Commission. Its suit argues that the Elections Clause of U.S. Constitution states that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof” and that no other body can assume this function. Attorneys for the independent commission contend that in the popular referendum of 2000 establishing the Independent Redistricting Commission, the people of Arizona were exercising legislative power granted them by the Arizona constitution.
  • Nov 6, 2012 – Under the AIRC redistricting plan, Democratic candidates win all three of the competitive congressional districts, giving Democrats a 5-4 edge over Republicans in the state’s congressional delegation. Republicans carry four safe GOP districts and Democrats carry their two safe districts.
  • Feb. 2014 – A three-judge federal appeals court dismisses the Arizona legislature’s lawsuit against the Arizona Independent Redistricting Commission. The legislature appeals to the U.S. Supreme Court.
  • Oct. 2, 2014 – U.S. Supreme Court agrees to hear the Arizona case. Reform advocates fear the worst, reasoning that the Supreme Court would not have taken the case unless several justices were already prepared to overrule the appeals court decision. “If the Court strikes down Arizona voters’ right to create an independent redistricting commission as an alternative to the legislature drawing the maps, it will set a dangerous precedent that undermines Americans from using direct democracy to enact change when legislators refuse to do so,” asserted Kathay Feng, national redistricting director for Common Cause.
  • March 2, 2015 – Supreme Court hears oral arguments in Arizona case with Chief Justice John Roberts and Associate Justices Antonin Scalia and Samuel Alito sounding sympathetic to the Arizona legislature’s argument. Justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer are more skeptical. The question mark is Justice Anthony Kennedy.
  • June 29, 2015 – In a blow to partisan gerrymandering and a decision with sweeping implications for political reform across the U.S., the Supreme Court rules in favor of Arizona’s Independent Redistricting Commission. The court holds that Arizona’s voters were entitled to try to make process of drawing congressional districts less partisan by creating an independent commission. Writing for 5-4 majority, Justice Ruth Bader Ginsberg asserts that the Constitution’s reference to the “legislature” encompasses the concept of citizens exercising legislative power since the Arizona constitution granted that power to the electorate through popular referendums. “The animating principle of our Constitution,” Ginsburg wrote, “is that the people themselves are the originating source of all the powers of government.” Writing in dissent, Chief Justice Roberts asserted that cutting the legislature entirely of the redistricting process violated the Constitution. Justice Anthony Kennedy, casting the swing vote, is evidently swayed by personal experience as a voter and law professor in California, where he had seen citizen initiatives work to overcome the self-interested actions of the legislature.
  • Jan. 21, 2016 – The Open and Honest Coalition, led by two former mayors of Phoenix, launches a drive for a popular vote to amend the Arizona constitution to replace the state’s party primaries with a single non-partisan primary, open to all voters, including independents. Candidates from all parties, plus political independents, would run in that one primary, with the two top vote-getters moving on to compete in the general election. John Opdyke, president of Open Primaries, says his group has donated $1 million to the citizen initiative and will work to raise another $13 million to back two measures – reform of the state’s party primary system and a companion measure to help expose dark money flowing into campaigns for state offices and congressional seats. Texas billionaire John Arnold is identified as primary donor to campaign.
  • AZMapLegislative

    State legislative districts in central Arizona, drawn by Independent Redistricting Commission.

    April 30, 2016 – U.S. Supreme Court unanimously endorses legislative redistricting map drawn in 2011 by state’s independent redistricting commission, rejecting challenge by Republicans that the plan was biased in favor of Democrats. In 2009-10, Republicans held a 21-9 majority in state senate and 40-20 majority in the house.  In 2012, after redistricting based on the 2010 census, GOP majorities fell to 17-13 in the senate and 36-24 in the house. Republicans said redistricting hurt them. Justice Stephen Breyer, writing for the court, dismissed charge that commission had engaged in partisan redistricting. He credited commission with meeting legal requirements to protect rights of minority voters and if Republican voters were ‘likely” to be worse off, this “may well reflect the tendency of minority populations in Arizona … to vote disproportionately for Democrats.”

California:

  • Nov. 4, 2008 – In a historic move, California voters approve Proposition 11 (The Voters First Act), an initiative for a constitutional amendment that shifts the power to redraw the boundaries of state legislative districts and districts for the state Board of Equalization from the California legislature to a new 14-member Citizens Redistricting Commission—effective in 2011. Four previous efforts at similar reforms had failed in 1982, 1984, 1990, and 2005, but the push in 2008 earns the backing of Republican Governor Arnold Schwarzenegger. But the 2008 reform leaves the drawing of Congressional district lines in the hands of the legislature.
  • June 8, 2010 – By a 54%-46% majority, California voters approve the Top-Two Primaries Act, an amendment to the state constitution requiring that all candidates for state political offices run in a single primary open to all registered voters, with the top-two vote-getters meeting in a runoff. A similar measure had failed in a popular vote in 2004. Proponents contend that by exposing all candidates to all voters, there is a greater chance that more moderate members will be elected to Congress and the California State Legislature.
  • Nov. 2, 2010 – California voters pass Proposition 20, which expands the power of the state’s independent Redistricting Commission to draw congressional district boundaries as well as state legislative districts. Prop 20 is vigorously opposed by House Speaker Nancy Pelosi of San Francisco and other congressional Democrats including 15-term Rep. Howard Berman of Los Angeles, both of whom want the Democratic-controlled state legislature to do congressional redistricting. But they are overcome by a powerful citizens movement sparked and heavily funded by Charles Munger Jr. (son of investment banker Charles Munger), who spent more than $12 million of his own money to pass Prop. 20.
  • Aug. 15, 2011 – California’s new 14-member citizens redistricting commission completes redrawing of maps for the state’s 53 congressional districts and 120 legislative districts. Commission composed of five Democrats, five Republicans and four members from neither major party adopts district lines that redraw boundaries of old districts, merging some and inevitably pitting some members of same party against each other. Independent studies by the Public Policy Institute of California, the National Journal, and Ballotpedia find that California now has some of the most competitive districts in the nation.
  • Nov 6, 2012 – California’s new redistricting plan and Top-Two Primary system pit same-party candidates against each other in nine of state’s 53 congressional districts, including seven races fought between two Democrats. There were also 19 same-party races in the state legislature, 12 rated as highly competitive. Political commentators see some candidates adopting less extreme positions and shifting toward more centrist voter appeal. “What we’ve noticed is candidates in California playing to a wider ideological audience as a result of the top-two primary, instead of tailoring their message to a very narrow base,” says David Wasserman of the Cook Political Report. Also, more than a dozen Republican candidates in contested races refuse to sign a traditional GOP pledge vowing no new taxes. But in the new Top-Two Primary, some candidates seem afraid of offending Democratic voters with a rigid anti-tax stance.
  • Jan. 23, 2015 – The California Citizens Redistricting Commission (CRC), fearing that its own existence and authority is jeopardized by a lawsuit challenging the constitutionality of the Arizona Independent Redistricting Commission, files an amicus brief with the U.S. Supreme Court supporting the Arizona commission.
  • June 29, 2015 – The U. S. Supreme Court’s 5-4 ruling rejecting the Arizona legislature’s legal challenge to that state’s independent redistricting commission, has the effect of also endorsing California’s citizen commission.

Colorado:

  •  Nov.18, 2015 – Bipartisan coalition led by former Governors Dick Lamm (D) and Bill Owens (R), former Colorado House Speakers Frank McNulty (R) and Mark Ferrandino (D), and current Senate Pro-tem President Ellen Roberts (R) file initiative calling for reform of congressional redistricting. In place of legislature, their plan would set up 12-member commission with four Republicans, four Democrats and four independents to draw congressional district lines.  Commission would be required to conduct its business in open hearings and map-drawing to be done by non-partisan professional staff. Once plan is certified by Colorado secretary of state, coalition must gather 98,492 signatures to put reform initiative on ballot for November 2016.
  • July 5, 2016 – Colorado Supreme Court bars bipartisan ballot initiative for gerrymander reform on technical grounds, saying that measure improperly combines reform of both legislative and congressional districts in one ballot measure, and they should have been dealt with in separate measures. The group End Gerrymandering Now, which had collected 50,000 of the 98,492 signatures needed to qualify for the 2016 ballot, vowed to be back with another effort in 2018. “We knew the status quo wouldn’t go quietly,” the campaign said in a statement. “The establishment has too much to lose if the people have a stronger voice.”

Delaware:

 

Florida:

  • Nov. 2, 2010 –By a 62% super-majority, Florida voters pass two “Fair District” constitutional amendments, measures 5 and 6, that outlaw partisan gerrymandering in both state legislative and congressional districts intended to kelp keep incumbents in office or favor one party over the other. The path to passage was steep. A citizens movement, led by the League of Women Voters, Common Cause and Fair Districts Florida, collected 1.7 million signatures on petitions to get the gerrymander reform initiatives on the ballot and then needed a 60% super-majority vote for adoption. The movement overcomes both these hurdles and then writes very specific legal standards into the state constitution mandating that “No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent.”
  • Feb. 9, 2012 – Republican legislature ignores constitutional amendment and adopts a partisan redistricting plan, concocted in secret to circumvent the new  ban on gerrymandering. Masses of emails, documents and electronic district maps with code-names like Frankenstein, Sputnik and Schmedloff are disclosed in 2014 court hearings, exposing a clandestine plot by Republican legislative leaders con spiring with campaign consultants and strategists who sub rosa create congressional and state legislative maps to favor GOP candidates. The Republican operatives use seemingly independent citizens to submit these plans to the Republican-controlled state legislature to convey the appearance of political impartiality. Documents are forced into the open by a Florida circuit judge, citing the need to determine ”the intent” of Florida lawmakers in adopting the 2011 redistricting plans.
  • Nov. 6, 2012 – Democratic candidates win nearly half the popular vote in Florida’s congressional races, but the GOP still wins 17 of the state’s 27 Congressional seats. By packing Florida’s snake-shaped 5th district with a super-majority of black voters, Republican gerrymandering concedes an easy victory to Rep. Corrine Brown (D), a member of the Congressional black caucus, but boosts the competitive edge of Republican candidates in surrounding districts.
  • July 10, 2014 – Florida Circuit Court Judge Terry Lewis, responding to a lawsuit by citizens groups including Common Cause and the League of Women Voters, rules the state’s 2012 congressional redistricting was unconstitutional. In his decision, Lewis writes, “Republican political consultants or operatives did in fact conspire to manipulate and influence the redistricting process. They made a mockery of the Legislature’s proclaimed transparency and open process of redistricting by doing all of this in the shadow of that process, utilizing the access it gave them to the decision makers, but going to great lengths to conceal from the public their plan and their participation in it.” Setting an August 15 deadline, Judge Lewis orders the state legislature to redraw the map for two congressional districts, the 5th (held by a Democrat) and the 10th (held by a Republican).
  • Aug. 15, 2014 – In a rare summer special session, Florida legislators complete a hasty fix by shifting 368,000 voters in north and central Florida into new congressional districts and slightly redrawing the lines of seven districts. The Florida House and Senate vote for the revised map along party lines, though a few Jacksonville Democrats vote with Republicans to protect a heavy Democratic and black majority for 5th district Rep. Corrine Brown. Gerrymander experts say revisions are minor and do not alter GOP tilt. “A lot of furniture has been rearranged but it looks like the old house with the same rooms,” says Michael McDonald, political scientist and redistricting expert at the University of Florida.
  • Aug. 25, 2014 – Judge Terry Lewis upholds legislature’s revisions to congressional districts but says they will not take effect until 2016 election. Judge Lewis rules that the original 2012 gerrymandered district lines, which he found unconstitutional in July, shall be used for the 2014 election because there is so little time left for campaigning.
  • July 9, 2015 – In a stunning 5-2 decision, the Florida Supreme Court rejects political gerrymandering by state legislators and orders eight congressional districts redrawn within 100 days. The justices concur with Judge Lewis’s finding that a 2012 redistricting map drawn by the Republican-led legislature had been “tainted by unconstitutional intent to favor the Republican Party and incumbent lawmakers,” and that Republican “operatives” and political consultants “did in fact conspire to manipulate and influence the redistricting process.” Court ruling gives instructions to legislature on how to correct three districts around Miami, Tampa Bay, and in north Florida around Jacksonville, as proposed by citizens groups who filed the lawsuit. Although court’s orders directly affect only eight districts, specialists expect that more than half of Florida’s 27 congressional districts will be affected because redistricting is a jigsaw puzzle.
  • August 2015 – Florida Senate leadership publicly admits that the senate violated the law by engaging in partisan gerrymander in 2011 and promises to comply with supreme court ruling. But in special legislative session to redraw senate district maps, senate and house cannot agree. They each submit wholly different plans for court review along with competing plans from attorneys for Common Cause and League of Women Voters.
  • Oct. 9, 2015 – Judge Terry Lewis approves and sends to the Florida Supreme Court a new redistricting map for state’s 27 congressional districts that will make up to ten districts more competitive and that has the potential to unseat at least three sitting members of Congress. Judge Lewis accepts legislature’s revised district maps for north and central Florida, that complied with supreme court instructions. But judge rejects legislature’s maps for south Florida, substituting the more radical remapping proposed by the civic groups that filed anti-gerrymander lawsuit. Their plan, the judgee decides, “best complies” with the state supreme court’s directions. Some legislative leaders are disgruntled but challengers claim a “victory for the people Florida and for restoration of representative democracy.” Florida Supreme court approves redistricting plan on December 2.
  • Dec, 30, 2015 – Circuit Court Judge George S. Reynolds III rejects legislature’s redistricting plan for state senate districts and adopts rival plan submitted by Common Cause and League of Women Voters. That plan will make more of state’s 40 senate districts competitive. The overall map is so altered that Republicans, who have dominated Florida legislature since 1990s and currently hold 26-14 Senate majority, go into 2016 elections facing 21 new senate districts that were carried by President Obama in 2012. Commenting on the potential impact of various court rulings on redistricting, University of Florida gerrymander expert Michael McDonald, says: “Expectations are that Democrats will probably win up to two, maybe three seats out of Congress above where they are currently at, and they may win maybe 3-4 more seats out of the (Florida) senate.”
  • Jan. 15, 2016 – Florida Senate’s Republican leadership, after considering more court appeals, announces that it will no longer contest the court-ordered redistricting plan for the senate.
  • Nov. 8, 2016 -In wake of court-ordered redrawing of dozen or more Congressional districts and all 40 state senate district maps, election sees initial reshaping of Florida’s congressional delegation. In Orlando area, former Orlando Police Chief VAL Demings wins a seat previously held by Tea-Party Republican Dan Webster who moved to another district, as well as upset victory over 12-term Republican conservative John Mica in Winter Park area by political newcomer, Democrat Stephanie Murphy.
  • April 30, 2017- Further Democratic gains in Florida’s congressional delegation may be foreshadowed by decision of 15-term incumbent Republican Rep. Ileana Ros-Lehtinen not to seek re-election in 2018. Despite the court-ordered redrawing of her Miami-area district under Florida’s gerrymander reform laws, Lehtinen won re-election in 2016 program as a well-connected veteran Cuban politician. But Donald Trump lost the now Democrat-leaning district by 20 percentage points and political analysts suggest that without the pull of Ros-Lehtinen’s incumbency, Republicans face a greater chance of losing this district in 2018.

Hawaii:

  • 1968 – Hawaii’s independent redistricting commission, known simply as The Hawaii Commission, is created by a State Constitutional Convention, prompted by a 1965 U.S. district court order invalidating the state’s senate apportionment scheme as a violation of the U.S. Constitution’s equal protection clause. An amendment to Article IV of the Hawaii Constitution gives exclusive authority to an independent, bipartisan nine-member commission to determine congressional and legislative district boundaries with the proviso that no district may be drawn so as to unduly favor a person or political faction. Eight commission members are appointed by the legislative leaders of the majority and minority parties, four to each party. Those eight members choose the ninth, tie-breaking member, but if they deadlock, as often happens, the ninth member is chosen by the state supreme court. In 2011, the court named Victoria Marks, a retired judge and professional mediator.

 

Idaho:

  • 1993 – Idaho Legislature passes SJR 105 that creates a constitutional citizen’s body, the Commission on Reapportionment, in charge of drawing the legislative and congressional districts in Idaho.
  • Nov. 8, 1994 – By a 64% majority, Idaho voters adopt a constitutional amendment establishing an independent, bipartisan six-member commission to draw the maps of the state’s political districts. No commission member can have served as an elected official, legislative district representative, or state party officer for the past two years or can have been a registered lobbyist during the previous year. To maintain a bipartisan balance, one commission member is chosen by each of the following – majority and minority leaders of both houses of the state legislature and the chairs of the Republican and Democratic parties. Idaho law states that oddly-shaped districts are disfavored and the creation of bizarrely-shaped districts in order to string together voters of a particular race will be struck down by the courts if race was the predominant factor in creating the districts .

 

Illinois:

 

Indiana:

  • Jan. 12, 2015 – Indiana’s legislative leaders introduce bill to study how to reform Indiana’s gerrymandering of political district lines. Similar legislation passed the Indiana House in 2014, but failed in the Senate. This time, Republican Senate President Pro-tem David Long and Republican House Speaker Bryan Bosma join with Democratic minority leaders Senator Timothy Lanane and Representative Scott Pelath, to con-sponsor reform bill. “We need to move on this discussion and I think this is the year to do that,” Senator Long tells the media. Critics have complained that gerrymandering by the Republican-dominated legislature in 2011 was so stacked in favor of incumbents that in 2014, 44 House seats were not even contested, a fairly typical pattern in recent elections. “I don’t think right now the way we do our redistricting has credibility with the public,” comments Senator Lanane. “People assume we draw squiggly lines for the part in power. It’s all about politics – not democracy. We need to change that perception and that reality.”
  • May 4, 2015 – Indiana Gov. Mike Pence signs law calling for a bipartisan committee to study best way to reform Indiana’s redistricting system and whether it will require amendment to the state constitution, which authorizes legislature to do redistricting. With strong bipartisan backing, a reform bill setting up study committee passes by 153-95 in the House and 43-7 in the Senate. Governor and legislature were pushed to move by a broad reform movement – the Coalition for Independent Redistricting. Spearheaded by Common Cause and the League of Women Voters, the coalition also includes the Indiana Farmers Union, Central Indiana Jobs with Justice, ACLU Indiana, Citizens Action Coalition of Indiana, NAACP Indiana, Hoosier Environmental Council and others.
  • Oct. 1, 2015 – Interim study committee on redistricting holds initial meeting, sets agenda, and fixes Dec. 1, 2016 as deadline for its final report, pushing redistricting issue beyond 2016 election,
  • March 7, 2016: Democratic-controlled Lafayette City Council and the West Lafayette City Council, and the all-Republican Tippecanoe County Board of Commissioners unanimously pass resolutions urging Interim Committee on Redistricting to endorse the idea of a citizen-led redistricting commission in its final report. Previously Michigan city council endorsed resolution, promoted by League of Women Voters. The measure calls for a citizen commission to oversee redistricting of Indiana’s legislative and congressional districts, while respecting; one-vote, one person; Voting Rights Act of 1965, as well as mapping districts that are compact, contiguous and respect local communities of interest.

 

Iowa:

  • 1980 – In a near unanimous vote, Iowa legislature passes House File 707 to take partisanship out of redistricting and to give responsibility for drafting redistricting plans to a nonpartisan state agency, the Legislative Services Agency. LSA, which is instructed by law not to consider party registration, past votes, or other political data, is tasked with formulating a complete redistricting plan for submission to the legislature without the involvement of any elected officials or politicians. Iowa law requires the districts be created on the basis of four criteria: equal population, contiguousness, compactness and respect for political subdivisions. “This puts the voter as the primary consideration,” says Ed Cook, the agency’s legal counsel. “The basic concept is if it’s a blind process, the result will be fair
  • The Iowa legislature, which holds hearings on redistricting, can approve or reject the LSA staff’s congressional redistricting plans, but lawmakers cannot amend or alter the plan. If the LSA plan is rejected twice by lawmakers, the legislature can then amend or substitute for the third staff plan but must also win approval of the governor. In practice, Iowa’s four-member congressional delegation comes out evenly split – two Democrats and two Republicans – in 2014, reflecting the almost dead-even party registration. Iowa has more political independents than either Democrats or Republicans.

 

Maryland:

  • Feb. 4, 2015 – Maryland’s Republican Gov. Larry Hogan calls for reform of the state’s partisan gerrymandering that independent experts have called the most stacked redistricting system in any state controlled by Democrats. “Gerrymandering is a form of political gamesmanship that stifles real political debate and deprives citizens of meaningful choices,” declares Hogan, a publicly financed underdog victor in the 2014 gubernatorial race. “Fair and competitive elections – and having checks and balances – make for a more vibrant and responsive citizen republic.” Hogan says his ultimate goal is to remove the legislature from redistricting and give that authority to an independent, bipartisan commission.
  • June 24, 2015 – The conservative group Judicial Watch and several Maryland Republican voters file a lawsuit charging that Maryland’s weird-shaped congressional districts are “unlawful” and must be redrawn to meet legal standards requiring compact districts. So bizarre is the zig-zag shape of Maryland’s third district that a federal judge once compared it to a “broken-winged pterodactyl, lying prostrate across the center of the state.” The Judicial Watch lawsuit also challenges the sixth district where the Democratic gerrymandering in 2011 added a large slice of the Democrat-heavy DC suburbs to what had been a Republican stronghold in western Maryland. The lawsuit argues that gerrymandering caused 10-term Republican Congressman Roscoe Bartlett to lose in 2012 to Democrat John Delaney – a turnover that gave Democrats a 7-1 edge in the state’s House delegation, though Democrats hold only a  2-1 margin among Maryland voters.
  • Maryland’s case has attracted legal interest because, if successful, it could have broad impact in other states because it makes the unprecedented argument that all voters are injured  based on objective measurements of whether election districts are compact and contiguous, as required by law. Judicial Watch has produced a mathematical formula for measuring the compactness of a district by comapring the ratio of its perimeter to its size because the bizarre shapes of highly gerrymandered districts typically give them long perimeters, whereas compact, fairly square- shaped districts have much shorter perimeters. If court accept this standard, it would enable a judge to use a mathaematical formula to spot gerrymandering and to require district maps be redrawn.
  • Aug. 6, 2015 – Gov. Larry Hogan, naming an 11-member bipartisan commission to revamp Maryland’s system of partisan gerrymandering, said he wants to press for a state constitutional amendment. Hogan’s plan for election reform wins immediate support from election reform advocates such as Common Cause and the League of Women Voters, but it is dismissed by Democrats who control the Maryland General Assembly and profit from partisan gerrymandering.
  • Dec. 8, 2015 – In surprise decision, U.S. Supreme overruled two lower courts, giving green light for Maryland man to proceed with unusual legal challenge against Democratic gerrymandering of congressional districts with the unprecedented argument that its violates his First Amendment rights and those of other Republican voters. Most challenges to partisan gerrymandering are based on equal protection clause of 14th Amendment, but in 2004 decision, Justice Anthony Kennedy, often the swing vote in the high court, wrote that First Amendment could be used as basis of redistricting lawsuit if plaintiffs could show they were subject to “disfavored treatment” because of their political views. Case brought by former federal worker, now law student Stephen Shapiro, now goes before three-judge federal panel.
  • Gov. Larry Hogan (R) vetoes Democratic gerrymander reform plan linked to five other coastal states from New York to North Carolina, Source: Maryland GovPics.

    April 7, 2017 -Democratic majorities in Maryland legislature pass bill for election redistricting reform that would throw out Democrats’ partisan gerrymandering, provided that five other Atlantic Coast states – New Jersey, New York, North Carolina, Pennsylvania and Virginia –  commit to similar reforms. Legislation for the six-state compact reform passes largely on party-line vote – 87-51 in House of Delegates and 30-16 in Senate – after a House committee kills proposal by Republican Gov. Larry Hogan to set up independent redistricting commission for Maryland alone. By manipulating election district lines, Maryland Democrats have historically parlayed their 2-1 majority among voters into lopsided 7-1 majority in Congressional seats. In North Carolina, Pennsylvania, and Virginia, Republican-dominated legislatures have done the opposite – drawn district maps to favor GOP candidates.  Since both parties play the gerrymander game, legislators in Maryland and Pennsylvania have proposed a multi-state compact to make elections fairer. “What we’re doing in the state of Maryland is standing up and saying ‘ladies and gentlemen we have a national problem,’” said Democratic Sen. Bill Ferguson. “The only way we do it, and we have a significant impact, is if we do it together with our partner states.”

  • May 8, 2017 – Republican Gov. Larry Hogan vetoes Democratic legislation adopting gerrymander reform as part of a six-state Mid-Atlantic Compact for gerrymander reform, reaching from New York to North Carolina.  Hogan dismisses the multi-state compact as a partisan “smokescreen” by Democrats to avoid taking action in Maryland. “We decided we’re not going to wait for other states to act,” Hogan asserts, accusing the Democratic majority in the state legislature of ignoring the “overwhelming majority of the people of Maryland” who support nonpartisan redistricting reforms. He vows to take the gerrymander reform issue to voters when he runs for re-eleciton in 2018. Polls show 75% of Maryland voters favor taking power to remap election districts out of hands of partisan legislature.
  • Maryland voter and law student Stephen Shapiro, successfully challenged Marylands districts, arguing that they give republicans like him, “disfavored treatment.”

    July 15, 2017- Three-judge federal court, calling gerrymandering a “cancer on our democracy,” sides with Republican voters challenging maps drawn for Maryland congressional districts by state’s Democratic-dominated legislature. Panel found convincing evidence that Maryland’s Democratic leaders intentionally drew voting boundaries to make it easier for Democrats to defeat Republican incumbent Rep. Roscoe G. Bartlett  in 6th district and pick up an additional congressional seat in 2012. But judicial panel was divided about whether to order state to redraw 6th district lines  before 2018 election. Republican voters complained that the value of their votes is diminished by partisan gerrymandering.

     

Michigan

  • Aug 17, 2017  – ‘Voters Not Politicians,’ a nonpartisan citizens reform movement, gets green light from state to mount petition drive  for a statewide referendum on gerrymander reform in 2018.  Joined by ‘Count MI Vote,’ another grass roots group, reformers are protesting lopsided partisan tilt in Michigan legislature and and congressional delegation, despite fairly even balance of  Democratic and Republican voters. “People are demanding change,” says Nancy Wang, an assistant law professor at the University of Michigan. “Voters are frustrated by what they see as a lack of responsiveness from the state Legislature and Congress, and are looking to change that.”
  • A ‘Voters Not Politicians’ activist protests gerrymandering awareness in Michigan. image source Voters Not Politicians

    In 2014 elections, reformers complain that Republican candidates for state senate won about 51% of statewide vote but because of partisan gerrymandering, they wound up with 71% of seats seats (27R vs 11D). In 2012, Democratic candidates for U.S. House of Representatives got more votes than Republicans, but wound up short end of 9-5 split in House seats.

  • In place of the legisature’s drawing election district maps, the proposed ballot measure would set ups 13-member tri-partisan commission – four Republicans, four Democrats, and five independents, randomly selected from a panel of citizen applicants by the secretary of state. With six months to gather 315,654 signatures, reformers are relying on all-volunteer effort, focused on state and county fairs and town hall meetings.

 

Minnesota:

  • March 19, 2002 – The Minnesota supreme court, forced to intervene by legislative gridlock, issues new maps for the Minnesota’s congressional and legislative districts. Following the 2000 census, the state legislature sought to carry out redistricting, but with control in the two houses divided between Democrats and Republicans, the legislature failed to reach any agreement on redistricting. That sends the issue to the courts.
  • May 19, 2011 – Democratic Gov. Mark Dayton vetoed the redistricting maps drawn up by the Republican-dominated state legislature for Minnesota’s congressional and legislative districts. The Minnesota Supreme Court appointed a judicial panel to drawn the lines. the Panel issues its map on Feb. 21, 2012 and, according to The Almanac of American Politics, the new map “radically rearranged state legislative seats.”
  • March 2015 – Fearing the loss of congressional seat after the 2020 census and a new gridlock over redistricting, Democratic and Republican lawmakers draft plan to create new five-member commission of retired state judges to create redistricting plan. Their proposal would allow the legislature to accept or reject but not modify, but if it rejects the first two proposals, it must accept third proposal. Plan authored by Democratic State Senator Kent Eken has backing of some Republican lawmakers and Secretary of State Steve Simon who argues that Minnesota should fix its redistricting system well before 2020 census kicks off new partisan battles over redistricting.

Missouri:

  • Volunteers gather signatures to put gerrymandering reform on Missouri’s 2018 ballot. image source CLEAN Missouri

    May 19, 2017 – Clean Missouri, a coalition of progressive groups with financial backing from the Missouri teachers union, launches petition drive to put on 2018 election ballot a measure to achieve a non-partisan system for mapping state legislative districts. The citizen movement has more than a year to collect about 150,000 signatures in at least six of the state’s eight congressional districts. Clean Missouri is seeking a popular vote on  a constitutional amendment that would mandate the use of a new statistical model for redistricting to insure partisan fairness in the redistricting process.

  • The ballot measure, approved for circulation by the Secretary of also wold impose a new $2,000 limit on campaign contributions by lobbyists and other individuals or entities to candidates for the state legislature; establish a two-year coolish off period before

 

Nebraska:

 

New Jersey:

  • Nov. 1995 – New Jersey voters approve an amendment to the New Jersey Constitution to create the 13-member bipartisan New Jersey Redistricting Commission. To maintain a balance between the two parties, the majority and minority leaders of both houses of the state legislature and the heads of the two major political practices each appoint two commissioners. These twelve commissioners elect the 13th member but if unable to do so, as often happens, the chief justice of the New Jersey Supreme Court picks the 13th member. In practice, these have been professors from Rutgers and Princeton universities. The outcome in recent congressional elections has been a tie – 6 Democrats and 6 Republicans
  • State legislative lines are drawn by a similar 11-member Apportionment Commission, in place since 1966. The chairs of the state’s two major political parties each choose five commissioners, and in practice the 11th tie-breaker member has been chosen by the New Jersey Supreme court. In a state with 33% registered Democratic voters, 20% Republicans, and 47% independents, The result has been a state legislature with a 3-2 advantage for Democrats, roughly reflecting the partisan alignment of voters- 33% Democrats, 20% Republicans and 47% independents

 

New Mexico:

  • March 2012- Santa Fe voters pass a charter amendment to create an Independent Citizens’ Redistricting Commission to draw maps for Santa Fe City Council districts. Previously, the City Council members drew their own districts, a practiced attacked as a political conflict of interest by reform advocates such as Common Cause. The new seven-member redistricting commission, to be appointed by the city clerk’s office, will be comprised of local residents who will hear input from local communities and work with residents to draw new district lines.

 

New York:

  • Nov. 18, 2011-Contending that New York State’s redistricting system is” broken,” a bipartisan  group of community leaders files suit asking a federal court to intervene and override the prolonged deadlock between Democratic Gov. Andrew Cuomo and state legislative leaders. After the 2010 census, New York state dropped form  29 to 27 congressional seats, setting off a political battle. Legislative leaders remapped congressional districts but Cuomo vowed to veto their plan. The governor proposed an independent commission but the legislature refused. In their lawsuit, the plaintiffs complain that the process “has stalled and threatens to throw the state’s 2012 elections into a quagmire, absent court intervention.”
  • March 19, 2012 – A three-judge federal panel, deploring what it called the “unwelcome failure of state government,” imposes a court-drawn revision of New York’s Congressional districts. The plan, drafted by a magistrate judge aided by an academic expert,  was adopted urgently by the three judges because candidates can start qualifying for party primaries within a week. The court plan dismantled a Hudson-Valley district represented by retiring Democrat Maurice Hinchey and another in Brooklyn-Queens represented by Republican Bob Turner who is running for the U.S. Senate. In their ruling the three federal judges noted that the magistrate judge had taken just two weeks to devise a plan that lawmakers “have been unable, or unwilling, to provide New York State voters in more than a year.”

 

North Carolina:

Ohio:

  • Dec. 4, 2014 – Ohio House of Representatives, by 80-4 bipartisan vote, passes proposal for new bipartisan panel to take over legislative redistricting from state’s General Assembly. With one of most gerrymandered systems in the U.S., Ohio voters saw Republicans snag 62 of 99 state house seats in 2011 even though Democratic legislative candidates won 51% of the popular vote, thanks to district maps drawn by the GOP-dominated legislature. The proposed seven-member commission would include governor, secretary of state, and state auditor plus four other commissioners, two named by majority and two by minority leaders in legislature. For redistricting plan to be effective for a decade, it would need approval of at least two members from each party; otherwise, it would apply for only four years and need to be redrawn. Usually the top state offices are held by same party, which often controls legislature, too. Currently, for example, the commission would have 5 Republicans and 2 Democrats. Although Ohio has had Democratic governors in recent years, Republicans have won governor’s office and control of legislature after each of last three censuses, in 1990, 2000, and 2010, thereby controlling redistricting process for both Congress and legislature.
  • Dec 12, 2014 – Ohio Senate adopts plan to amend the Ohio constitution to turn over legislative redistricting to a seven-member panel of politicians. The measure now goes to Ohio voters in the November 2015 election. This measure does not alter current procedure for congressional redistricting, now done by a five-member panel, subject to legislative approval. Historically, the panel has stacked districts in favor of incumbents. Critics charge that process cheats voters out of a genuine choice in elections.  “In our current winner-take-all system, the voters lose, because the results are predetermined by the district map-makers,” said Catherine Turcer of Common Cause Ohio.
  • Nov. 3, 2015 – In a  ground breaking referendum, a whopping 71% majority of Ohio voters approve the proposed constitutional amendment to create a seven-member bipartisan political commission to conduct remapping of state legislative districts. Reform activists  immediately set their sights on their next target – reforming the mapping of Ohio’s 16 congressional districts. “Today’s win was an important first step, but it only got us half way there,” says Carrie Davis, executive director of the League of Women Voters of Ohio. “We need to take these new anti-gerrymandering rules…to the General Assembly and extend them to congressional districts, which are even more gerrymandered.”

  • April 6, 2016 – In his major annual address to legislature, Gov. John Kasich calls for reform of partisan gerrymandering of Ohio’s congressional districts, citing reform of legislative redistricting as a sound precedent. “Ideas and merits should be what wins elections, not gerrymandering,” Kasich declares to resounding applause. “When pure politics is what drives these kinds of decisions, the result is polarization and division.  I think we’ve had enough of that.  Gerrymandering needs to be on the dust bin of history.” But Kasich does not propose or endorse any specific reform plan. Bills introduced in Ohio legislature in 2015 remain buried in committees. Ohio’ s Constitutional Modernization Commission considers developing a reform proposal but  action there is also stalled.
  • May 30,2017 – Ohio Ballot Board approves gerrymander reform initiative from Fair Districts Ohio seeking popular vote in 2018 on proposal to take congressional redistricting out of hands of state legislature and turn it over to seven-member bipartisan commission. To promote bipartisan fairness, any plan would require at least two votes form minority party members. the overall proportion of Republican- and Democratic-leaning districts would have to reflect party preference of voters over previous ten years, and map-makers could not split a county more than once.
  • July 2017 – Needing 305,591 valid signatures to put their gerrymander reform initiative on the ballot for 2018, Fair Districts Ohio coalition mobilizes 250 volunteers fanning out among state’s 88 counties.“We are well on our way to collecting the needed signatures to place Fair Districts on next year’s ballot,” said Catherine Turcer, Policy Director for Common Cause Ohio.

Oregon:

  • Spring 2010- With Democrats dominant in Oregon state government, a group led by Kevin Mannix, former Republican candidate for governor, mounts a petition drive to put an initiative on 2010 Oregon ballot to create an independent legislative redistricting commission. But the group, Common Sense for Oregon, fails to collect enough signatures to quality their initiative. Similar effort fails in 2012. Redistricting in Oregon is carried out by the legislature or, if it fails to achieve agreement, by the Oregon secretary of state.
  • June 4, 2015 – Governor Kate Brown, responding to grass roots pressures for more transparency in Oregon’s redistricting process, signs a bill require the legislature to hold 10 public hearings throughout the state of Oregon prior to the redrawing of congressional and legislative districts after the next decennial census in 2020. The move had been pushed through the legislature by a coalition of groups led by the League of Women Voters and Common Cause.

 

Pennsylvania: 

 

South Dakota:

 

Texas:

  • July 2011 – With the Lone Star State showing a population increase of 4.3 million since 2000, Texas gains four more House seats, triggering a major new redistricting operation. Nearly 90 percent of the population growth comes among minority residents (65% Hispanic, 13% African-American, 10% Asian). Yet the Republican-dominated Texas legislature awards white Republicans three of the four new seats that resulted from growth among minority populations that normally lean Democratic.
  • Sept. 19, 2011 – The Justice Department’s Civil Rights Division asserts that Texas’s redistricting plans for the state house and for congressional districts do not comply with Section 5 of the Voting Rights Act (VRA) because they give too little voting power to the growing Latino population in Texas. In a court filing, Justice Department lawyers deny that the congressional district plan “maintains or increases the ability of minority voters to elect their candidate of choice in each district protected by Section 5.” The case is referred to a special three-judge panel in Washington.
  • Aug. 28, 2012 – A federal court rules that Texas’s redistricting maps were “enacted with discriminatory purpose” and finds that Texas Republicans not only failed to grant new power to minority voters in the state, but also took away vital economic resources from minority Democratic members of Congress. “The Texas plan is by far the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year,” says Elisabeth MacNamara, president of the League of Women Voters. The federal court finds in effect that the Texas redistricting plan has “the purpose or effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group….” An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election.
  • June 18, 2014 – Although Texas has made some minor modifications in its redistricting plan in 2013, a Texas federal court rejects the state’s effort to dismiss all lawsuits against its redistricting plans. The three-judge panel does throw out a gerrymandering complaint filed by the Texas Democratic Party, saying it is unclear how the gerrymander allegation can be judged objectively under Supreme Court rulings. But the federal court allows further arguments over whether the Texas redistricting plan drawn up in 2011 was racially discriminatory and would thus require Texas to submit any future election law changes to the Justice Department for clearance and approval.
  • May 26, 2015 – The Supreme Court decides to take up a “one person, one vote” case originating from Texas and challenging use of total population in an area for delineating districts. Instead, suit argues, basis should be number of eligible voters in the area. In accepting the Texas case brought by Project on Fair Representation, a Washington-based conservative advocacy group, court will consider whether whole new basis should be used by states and localities for determining equality districts. Such a shift would have an enormous impact in a state like Texas, which has large numbers of non-citizen immigrants and children. It would, for example, greatly reduce the population count and political clout of Latinos. The court will schedule the case for the term beginning in October 2015.
  • Federal court rules that Texas Republican legislature discriminated against Hispanic voters by creating three contorted congressional districts.

    March 11,2017 –Three-judge federal court rules that three  congressional districts in Texas violate U.S. Constitution because Republican legislature illegally used race as the main motivating factor in drawing district maps.  If this decision is upheld, the three districts in areas around Austin and San Antonio, will have to be redrawn with a ripple effect on neighboring districts as well. Two of the three districts are held by Republicans; the other is held by Democrat Lloyd Doggett. Race can be considered in order to protect minority rights under 1965 Voting Rights Act, but courts have ruled that race cannot be used to dilute the influence of minority voters, either by “packing” too many in any one district or “cracking” apart minority communities and spreading their voters among multiple districts.

  • May 22, 2017 – In wake of U.S.Supreme Court decision against racially driven gerrymandering in North Carolina, a federal judge asks Texas to consider calling a special session of legislature to fix racially gerrymandered districts targeted in suit by Hispanic voters. With 5-3 decision in North Carolina case, high court sent signal to Texas and other states accused of racial gerrymandering. District Judge Xavier Rodriguez, acting on behalf of three-judge appeals court panel that has already ruled against the redistricting done by Texas legislature in 2011, asked Texas to consider whether to “voluntarily undertake redistricting in a special session” of the legislature in light of the North Carolina ruling.
  • July 11-15, 2017 –  Texas is thrown on the defensive by three-judge federal panel examining how to fix mapping of three Texas congressional districts, already declared unconstitutional by the court. State attorneys defending state district maps faced skeptical questioning in six-day hearing.. Lawsuit by Hispanic voters and NAACP is asking federal courts to order redrawing of district boundaries to protect rights of minority voters. Judges Xavier Rodriguez and Orlando Garcia sounded impatient with stater’s failure to correct maps rejected previously by court.  Garcia faulted the state for using claims of “legislative privilege” as pretext for refusing to provide necessary documents and testimony.
  • July 27, 2017 – Texas Republicans are now worrying about an “Armageddon map”- a federal appeals court decision to redraw the boundaries of election districts in Texas in ways that could put up to six Republican-held House seats in danger. The appeals court has already found three districts to be racially discriminatory against Latino voters in the Austin and San Antonio areas. The worst case scenario, what Republicans call “the Armageddon map” would involve court-ordered district maps that put in jeopardy two more Republican-held districts around Dallas-Fort Worth  and one in Houston.

 

Virginia:

  • March 22, 2011- To encourage fair, nonpartisan redistricting, Virginia colleges and universities run a competition for student teams to draw maps for the state’s congressional and legislative districts. Fifty-five teams take part. The winning map from the University of Virginia meets legal requirements for compact, contiguous districts generally adhering to boundaries of cities and counties, and it also produces election outcomes that reflect the popular strength of the two major parties. With Virginia voters splitting 42% for Republicans, 40% for Democrats and 18% independents, the UVA team’s plan produces a 6-5 split favoring Republicans, that is, six districts with majority of Republican voters, five districts with majority of Democratic voters. It also makes 6 of Virginia’s 11 districts competitive, giving greater choice to voters. The UVA team contends that its plan is a significant improvement over the gerrymandered plan drawn by the state legislature in 2001, “thereby demonstrating that it is not only possible but preferable to draw U.S. House districts in a fair and non-partisan manner.”
  • April 2, 2011 – Virginia legislature adopts a highly gerrymandered redistricting plan worked out in secret and tilted strongly in favor of Republicans and incumbents. The governor’s 11-member advisory commission on redistricting is ignored. Fewer than 10 of Virginia’s 140 state legislators are privy to districting maps until they are made public. District lines are largely drawn by two men: State Senator Sen. George L. Barker, a Democrat from Prince William County, and Rep. S. Chris Jones, a Republican from Suffolk County. “It’s horrific,” says C. Douglas Smith, Chair of the Virginia Redistricting Coalition. “Redistricting has always happened with only a few people knowing. It shouldn’t surprise us, but should disappoint us.” Although governor’s advisory commission was supposed to “solicit public input and recommend congressional and state legislative districts to the legislature,” it did not have time to look into the student redistricting plans.
  • Jan. 25, 2012 – After approval by the House of Delegates and the Virginia Senate, Gov. Bob McDonnell signs into law a congressional redistricting plan that essentially cements the GOP’s advantage in winning 8 House seats to 3 for Democrats (even though Democrats now nearly equal Republicans in voter registration), plus a 2-1 Republican majority in the state House of Delegates.
  • Oct. 7, 2014 – A panel of federal judges declares Virginia’s congressional mapping unconstitutional because Virginia plan packs too many African American voters into the 3rd congressional district, reducing influence of black voters in nearby districts. The court majority, citing comments of former Virginia Delegate Bill Janies, a prominent backer of the plan, finds that race was the predominant factor in drawing district boundaries. The court leaves existing districts intact for November 2014 election, but orders the Virginia General Assembly to draw new congressional maps by April 1, 2015 for the 2016 elections. The Virginia legislature appeals to the U.S. Supreme Court.
  • March 30, 2015 – The Supreme Court, without comment, sends Virginia redistricting case back to the federal appeals court for further hearing.
  • June 5, 2015 – A three-judge federal appeals court panel again rules that Virginia legislators packed too many black voters into one congressional district in order to make adjacent districts safer for Republicans. The 2-to-1 ruling directs the Virginia General Assembly to draw new boundaries by September 1 for the 3rd congressional district. In its 2011 redistricting plan, Republican-controlled legislature increased 3rd district’s black voting-age population to 56.3% from 53.1%, creating an odd-shaped district that snakes from Richmond to Hampton Roads, composed of “a disparate chain of communities, predominantly African-American, loosely connected by the James River,” writes Judge Allyson Duncan, a Bush appointee.
  • Oct. 7, 2015 – Virginia’s Republican members of Congress make stunning admission that in 2011, GOP-dominated state legislature intentionally stacked congressional district maps to insure Republicans a lopsided 8-3 congressional seat advantage in 2012 elections. The legislature’s “overarching priorities” in redistricting, their court brief asserts, was “incumbency protection and preservation of cores to maintain the 8-3 partition division established in the 2010 election.” Defying court order to redraw 3rd congressional district, Republican lawmakers contend that federal courts must retain GOP’s 8-3 advantage and allow partisan gerrymandering.
  • Jan. 7, 2016 – A three-judge federal panel, frustrated by the defiance of Virginia’s Republican-led legislature, imposes its own remapping of five Virginia congressional districts. In 2-1 ruling, court creates a second district favorable to black candidates.  It reduces percentage of black voting-age population in snake-shaped 3rd congressional district, held by Robert C. Scott, a black Democrat, from 56.3% to 45.3% and simultaneously increases eligible black electorate in the 4th district from 31.3% to 40.9%, making that district possible for a black candidate to win. Veteran black Democratic legislator, State Senator A. Donald McEachin, quickly files to run in the new 4th district. Incumbent Republican Randy Forbes says he’ll quit the 4th district and run in the remapped 2nd district. Three Republican congressmen appeal to the Supreme Court.
  • March 21, 2016 – Hearing appeal on Virginia’s racial gerrymandering lawsuit, Supreme Court justices seem to favor  lower court ruling that overturned Republican gerrymandering and redrew maps for five congressional districts. Justice Anthony Kennedy, often the swing vote, questioned whether GOP-dominated legislature had packed the 3rd congressional district with black voters in order to reduce the typically Democratic black vote in adjacent districts and generate Republican winners.
  • May 23, 2016 – Supreme Court unanimously dismisses appeal from three Republican members of Congress to overturn a lower court’s redistricting for Virginia. Lower court had rejected racial gerrymandering by Virginia legislature. Rep Randy Forbes, R-VA,  contended court plan would “completely transform” his district to the advantage of black voters and Democratic candidates. Supreme Court says three congressman lacked judicial standing and failed to produce evidence that they had been unfairly harmed.
  • Nov. 8, 2016 – In wake of court-ordered remapping of Virginia’s congressional districts, former State Senator A. Donald McEachin wins 4th Congressional district seat, giving Democrats four of Virginia’s 11 seats in Congress, two of them now held by blacks.
  • February 2017 – Gerrymander reform advocates cram 7am Virginia legislative hearing on reform proposals. source, David Toscano

    Feb.1, 2017 – Despite court-ordered easing of Virginia’s partisan gerrymandering, Republican majority in Virginia General Assembly digs in against gerrymander reform. With a single 4-3 negative vote in the Constitutional Subcommittee, GOP kills five proposals for redistricting reform, including one offered by Republican Delegate Steve Landes. His proposal calls for a state constitutional amendment that would prohibit the drawing of any political district “for the purpose of favoring or disfavoring any political party, incumbent legislator, member of  congress, or other individual or entity.” House reform advocates call on Speaker William Howell to allow a floor vote on gerrymander reform. “Gerrymandering has distorted election results and diluted the power of individual voters,” charges Del. Charniele Herring, chair of the House Democratic Caucus. “We need a full floor vote on a redistricting amendment now.”

  • Mar 1 – U.S. Supreme Court orders lower court to take tougher look at racial factor in gerrymandering of Virginia’s legislative districts, 11 of which were challenged as unconstitutional on basis of packing too many black voters into some districts, thus favoring whites in neighboring districts. Three-judge federal panel ruled that legislature had applied such race-neutral standards as compactness of districts in drawing district lines. But Justice Anthony Kennedy, writing for the majority and noting that that legislature set target of 55% black voters in multiple districts, asserted:  “If race for its own sake is the overriding reason for choosing one map over others, race still may predominate.”  If lower court reaches such a conclusion, it would justify redrawing district lines.

 

Washington State:

  • Nov. 8, 1983 – By a 61% majority, Washington state voters approve a ballot measure to amend the state Constitution instituting an independent redistricting commission, with two members each from the major parties and a non-voting, nonpartisan chair.
  • Nov. 4, 2004 – Majority of voters in Washington State approve Initiative 872 adopting a Top-Two Primary election system, and after the U.S. Supreme Court upholds the Top-Two Primary in March 2008, Washington State voters use this system for the first time in 2008. Its purpose is not to select party nominees, but to identify the top-two vote-getters, regardless of party. Under the Top-Two system, all candidates are listed together on a single nonpartisan ballot, and two candidates who receive the most votes proceed to the general election, even if they come from same party or include a third-party candidate.
  • Top-Two system differs from a closed primary, which restricts participation in the primary to registered party members; and from an open primary, which is open to all voters, independents as well as party members, but which requires voters to choose one party or the other and then only allows them to vote for candidates form that party. The Top-Two system permits voters to split their ticket, voting for candidates of different parties for different posts. This system goes the furthest in minimizing the influence of political parties because parties not only lack control over which voters participate in the primary, but also which candidates are listed on the ballot. (National Conference of State Legislatures 2014).
  • Nov. 2, 2010 – Under Washington State’s new Top-Two Primary system, voter turnout rises an average of 8% from turnout in congressional races in previous mid-term election in 2006, lending support to contention that Top-Two system encourages more voters by including political independents and minority party voters, who are shut out of closed party primaries.
  • Feb. 7, 2012- Washington state legislature passes a “slightly amended” version of the redistricting plan drawn up by the state’s independent redistricting commission. The 2012 plan is important because Washington State has gained an additional Congressional seat. In a state where registered Democratic voters outnumber Republicans by 45% to 37% (independents and small parties are 18%), the new district maps result in Democrats’ picking up one more seat, to enjoy a 6-4 advantage in the state’s delegation to the House of Representatives.
  • Nov. 6, 2012 and Nov 4, 2014 – In 2012 election, moderate Democrat Susan DelBene beats out more liberal Democrats in district 1,with her centrist appeal. In 2014 election, moderate Republican Dan Newhouse runs second to a Tea Party conservative in the primary, but qualifies for the general election and then wins the seat in district 4. These two case demonstrate how more moderate candidates fare better in Top-Two Primary system.

 

Wisconsin:

  • Aug. 9, 2011 – Gov. Scott Walker signs partisan redistricting plan drafted in secret by Republican legislature, moving hastily to get Republican plans cast into law before state Senate recall elections could upset GOP majority. Wisconsin had been targeted by REDMAP, national GOP redistricting strategy to gain control of state governments in swing states. In 2010, Wisconsin Republicans win governorship and majorities in both legislative houses and then pounce on the opportunity to dominate redistricting in Wisconsin. They move stealthily. They not only have private law firms draw up new district boundaries behind closed doors but make GOP legislators sign secrecy oaths before they can view their own redrawn districts. The new maps bring immediate lawsuits, as well as pointed rebukes from judges protesting the law firms’ frivolous motions and withholding of evidence. One suit decries the disenfranchisement of more than 300,000 voters who would have to wait six years to vote for their state senator instead of the usual four years. Another suit charges that the plan dilutes Latino voting power.
  • March 22, 2012 – A panel of three judges rules unanimously that the 2011 redistricting plan drawn by Republican legislators violates the voting rights of Latinos in Milwaukee’s south side and orders that lines be redrawn for two state assembly districts, Districts #8 and #9. The judges, two appointed by Republican presidents and one appointed by a Democrat, assert that the maps were clearly motivated by partisanship and do not match the almost-even voter registration of Republicans and Democrats in Wisconsin. “Regrettably, like many other states, Wisconsin chose a sharply partisan methodology that has cost the state in dollars ($2.1 million), time and civility,” the court writes. It says the GOP plan “was needlessly secret, regrettably excluding input from the overwhelming majority of Wisconsin citizens, and … needlessly moved more than a million Wisconsinites and disrupted their long-standing political relationships…”
  • April 11, 2012 – The three-judge federal panel revises the district boundaries of two Milwaukee area legislative districts to remedy defects that the court had cited earlier. Otherwise, it allows the Republican redistricting plan to stand.
  • Nov. 2012 – Republican REDMAP gerrymandering strategy pays off big-time for Republicans. Even though Democratic candidates won more votes in House races (50.3% to 49%), Republicans came away with five House seats to three for Democrats. Before the Republican gerrymandering of 2011, Democrats had a 5-3 edge in House seats. In the 2012 election, Wisconsin was one of four states where Republicans lost the popular vote but won more House seats. The others were Michigan, Pennsylvania, and North Carolina.
  • April and May 2013 – Two bipartisan reform bills (AB 185 and SB 163) introduced in the Legislature, seek to strip the task of redistricting from politicians and give it to the Legislative Reference Bureau—emulating the system of neighboring Iowa, where nonpartisans taff agency does redistricting. The bills are supported by Common Cause in Wisconsin, the League of Women Voters of Wisconsin, Wisconsin Democracy Campaign and a host of media outlets.
  • May 15, 2013 – Groups suing Wisconsin state in redistricting case find that lawfirm that advised Republican destroyed numerous documents and failed to turn over vital materials in case. Plaintiffs and law firm reach out-of-court settlement.
  • June 3, 2013 – Three federal judges scold Republicans for drawing election maps in secret and hint regulators may want to investigate why subpoenaed documents were withheld from groups that sued the state. “We cannot help but conclude that the people of Wisconsin deserve better in the next round of redistricting after the 2020 census,” the judges wrote.
  • April 8, 2014 – Legislation for setting up independent redistricting commission in Wisconsin is voted down by Republican-dominated legislature that engaged in heavily partisan gerrymander plan of 2011.
  • July 8, 2015 – Wisconsin Fair Elections Project, a bipartisan group co-chaired by former state Senate Majority Leaders, Republican Dale Schultz and Democrat Tim Cullen, and 12 voters file suit, charging that the 2011 Republican redistricting plan for state legislative districts violates their constitutional rights and constitutes one of the “worst partisan gerrymanders in modern American history.” The suit includes two expert reports asserting that the gerrymander in Wisconsin is extreme and far outside Constitutional norms, and proposes a clear standard for the courts. It asserts that in the 2012 election, the 2011 Republican redistricting plan enabled GOP candidates to win 60 of 99 seats in the state Assembly, even though Democratic candidates won a majority of the statewide Assembly vote.“This kind of partisan gerrymandering is both unconstitutional and profoundly undemocratic,” the lawsuit asserts. “It is unconstitutional because it treats voters unequally, diluting their voting power based on their political beliefs, in violation of the Fourteenth Amendment’s guarantee of equal protection, and because it unreasonably burdens their First Amendment rights of association and free speech.”
  • Dec. 17, 2015 – Three-judge federal court panel rejects Wisconsin attorney general’s motion to dismiss a lawsuit challenging partisan gerrymandering of state legislative districts by Republican-dominated legislature in 2011. Court sets hearing date in May 2016.
  • Nov. 21, 2016 – In a potentially precedent-setting decision, a three-judge federal district court rules that the Wisconsin legislature engaged in unconstitutional partisan gerrymandering intended to favor Republican candidates when it drew the lines for the state’s legislative districts in 2011. Typically, when federal courts have overturned state gerrymandering of congressional or legislative districts, they have ruled on the basis of unconstitutional racial bias against black or minority voters. But in this decision, a 2-1 court majority held that the 2011 redistricting by the Republican-dominated state legislature and GOP Gov. Scott Walker deprived Democratic voters of equal protection under the laws, as required by the 14th Amendment to the Constitution.  It ordered the governor and legislature to redraw legislative district maps by Nov 1, 2017, with the new maps to be used in the 2018 election cycle.
  •  Heather Gerken, a Yale law professor who specializes in election law, told The New York Times that the Wisconsin decision was “a huge deal. For years, everyone has waited for the Supreme Court to render to do something on this front. Now, one of the lower courts has jump-started the debate.” The Wisconsin ruling can be appealed directly to the U.S. Supreme Court.
  • In a move that could reshape American politics, the Supreme Court agrees to take on the issue of partisan gerrymandering.

    May 19, 2017 – In potentially game-changing case for American politics, the Supreme Court agrees to hear a Wisconsin case that challenges whether it is unconstitutional for political parties to manipulate election district maps for their own partisan advantage. In an unprecedented decision last fall in Wisconsin, a three-judge panel struck down the Republican legislature’s 2011 gerrymandering of the state’s congressional districts on grounds that it violated the First Amendment rights of Democratic voters and their right to equal protection under the laws.  In states like Alabama, North Carolina, Texas and Virginia, the Supreme Court has invalidated gerrymandering when it has found that a state legislature discriminated against minority groups. But it has never ruled on the issue of partisan gerrymandering – on whether voters in the weaker party are being illegally denied equal rights of free speech and equal protection under the law. Justices have said they lack a clear legal standard that defines partisan gerrymandering.

  • The Wisconsin case broke new ground on that crucial point. It was argued and decided on the basis of a mathematical formula, which examines whether electoral districts are competitive, thus giving voters true choice and where victory margins are narrow, or whether the majority party, drawing the maps, has packed excessive numbers of the opposite party into a few districts, where they win by large majorities, and thus “waste” votes, while the majority party sets itself up to win many more districts by slim margins. By this standard, an efficient or fair redistricting plan has relatively few wasted votes and a highly partisan gerrymandering has many more wasted votes. In examining four decades of state redistricting plans, the three-judge panel accepted the argument that if the margin of wasted votes between the parties was greater than 7%, that proved a partisan gerrymander. In Wisconsin, experts testified the ratio of wasted votes after the 2011 Wisconsin gerrymander ranged as high as 13%.

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